- Welsh Statutory Instrument 2006 No. 879 (W.84)(C.21)
The Education Act 2002 (Commencement No. 9 and Transitional Provisions) (Wales) Order 2006
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| Made | 21 March 2006 |
The National Assembly for Wales, in exercise of the power conferred upon it by section 216 (4)(b) and (5) of the Education Act 2002[1], hereby makes the following Order:
Title, application and interpretation
1. The title of this Order is the Education Act 2002 (Commencement No. 9 and Transitional Provisions) (Wales) Order 2006.
2. Provisions brought into force by this Order are brought into force in relation to Wales.
3. In this Order, unless otherwise stated, references to sections and Schedules are references to sections of and Schedules to the Education Act 2002.
Appointed day
4. The day appointed for the coming into force of the provisions specified in the Schedule to this Order is 1 April 2006.
Transitional Provision
5. Until regulations are made under section 31 in relation to Wales, the reference in paragraph 9 of Schedule 2 to "any transfer of control authorised by regulations under section 31" is to have effect as though it were a reference to "any transfer of control agreement under Schedule 13" of the School Standards and Framework Act 1998[2].
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].
D. Elis-Thomas
The Presiding Officer of the National Assembly
21 March 2006
| Provision | Subject matter |
| Section 35 | Staffing of community, voluntary controlled, community special and maintained nursery schools |
| Section 36 | Staffing of foundation, voluntary aided and foundation special schools |
| Section 37 | Payments in respect of dismissal, etc. |
| Section 40 in so far as not already in force | Amendments of Part 2 of School Standards and Framework Act 1998 |
| Section 215(1) in so far as it relates to the provisions of Schedule 21 below | Minor and consequential amendments |
| Section 215(2) in so far as it relates to the provisions of Schedule 22 below | Repeals |
| Schedule 2 | Effect on staffing of suspension of delegated budget |
| Schedule 3 in so far as not already in force | Amendments of Part 2 of School Standards and Framework Act 1998 |
| Schedule 21, paragraph 30, paragraph 107, paragraph 110(3)(b) in so far as it relates to paragraphs (f) and (k) of subsection (6) of section 127 of the School Standards and Framework Act 1998, paragraph 110(3)(c) in so far as it relates to new paragraphs (p) and (q) of sub section (6) of section 127 of the School Standards and Framework Act 1998 | Minor and consequential amendments |
| Schedule 22, Part 3, the repeal of— | Repeals |
| Education Reform Act 1988, section 218(1)(d), | |
| School Standards and Framework Act 1998, sections 54 to 57, section 127(6)(f) and (k), | |
| Schedules 16 and 17, | |
| Employment Relations Act 1999, section 40. |
(This note is not part of the Order)
This Order brings into force on 1 April 2006 those provisions of the Education Act 2002 specified in the Schedule to this Order.
References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.
In the case of provisions brought into force by this Order which amend existing legislation, references to the Secretary of State in those provisions are to be read, in relation to Wales, as references to the National Assembly for Wales— see section 211.
The effect of the provisions specified in of the Schedule to this Order is as follows—
Section 35 makes provision in relation to the staffing of community, voluntary controlled, community special and maintained nursery schools. It replaces the arrangements set out in section 54 of, and Schedule 16 to, the School Standards and Framework Act 1998 ("the 1998 Act"). It provides that the LEA is the employer of staff at such schools and requires such staff to include a head teacher. It enables the National Assembly to make regulations on the appointment, discipline, suspension and dismissal of staff at such schools.
Section 36 makes provision in relation to the staffing of foundation, voluntary aided and foundation special schools, replacing the arrangements set out in section 55 of, and Schedule 17 to, the 1998 Act. It provides that, unless regulations state otherwise, the governing body is the employer of staff at such schools. The staff must include a head teacher. The National Assembly is given the power to make regulations on the appointment, discipline, suspension and dismissal of staff at such schools.
Schedule 2 provides for the staffing arrangements which are to apply instead of regulations under section 34 or 35 if a school's delegated budget is suspended.
Section 37 re-enacts section 57 of the 1998 Act and makes provision in connection with payments in respect of dismissal of staff from maintained schools.
Section 40 and Schedule 3 make amendments to the 1998 Act consequential on the new staffing provisions.
(This note is not part of the Order)
The following provisions of the Education Act 2002 have been brought into force in relation to Wales by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
| Sections 14 to 17 | 31 March 2003 | 2002/3185 (W.301) |
| Section 18(2) | 31 March 2003 | 2002/3185 (W.301) |
| Section 19(6) (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Section 19 (1) to (7) (fully) | 31 October 2005 | 2005/2910 (W.207) |
| Section 20 (1) to (3), (5) | 31 October 2005 | 2005/2910 (W.207) |
| Sections 21 and 22 | 1 September 2004 | 2004/1728 (W.172) |
| Section 23 | 31 October 2005 | 2005/2910 (W.207) |
| Sections 27 and 28 | 1 September 2003 | 2003/1718 (W.185) |
| Section 29 | 1 September 2003 | 2003/1718 (W.185) |
| Section 30 | 1 September 2004 | 2004/1728 (W.172) |
| Section 32 | 1 September 2004 | 2004/1728 (W.172) |
| Sections 33 and 34 | 31 October 2005 | 2005/2910 (W.207) |
| Section 39(1) (partially) | 1 September 2004 | 2004/1728 (W.178) |
| Section 39 (fully) | 31 October 2005 | 2005/2910 (W.207) |
| Section 40 (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Section 41 | 4 December 2003 | 2003/2961 (W.278) |
| Section 42 | 4 December 2003 | 2003/2961 (W.278) |
| Section 43 | 1 November 2003 | 2003/1718 (W.185) |
| Section 46 | 1 December 2003 | 2003/2961 (W.278) |
| Section 49 | 19 December 2002 | 2002/3185 (W.301) |
| Section 50 | 31 May 2005 | 2005/1395 (W.109) |
| Section 51 (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 31 May 2005 | 2005/1395 (W.109) |
| Section 52 (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (fully) | 31 October 2005 | 2005/2910 (W.207) |
| Section 53 | 31 October 2005 | 2005/2910 (W.207) |
| Sections 54 to 56 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 60 to 64 | 1 August 2003 | 2003/1718 (W.185) |
| Section 72 | 1 August 2004 | 2004/1728 (W.172) |
| Section 75 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Sections 97 and 98 | 19 December 2002 | 2002/3185 (W.301) |
| Section 99(1) | 19 December 2002 | 2002/3185 (W.301) |
| Section 100 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 101 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 103 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 105 to 107 | 19 December 2002 | 2002/3185 (W.301) |
| Section 108 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 109 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 111 to 118 | 19 December 2002 | 2002/3185 (W.301) |
| Section 119 | 1 October 2002 | 2002/2439 |
| Section 120(1) and (3) to (5) | 1 October 2002 | 2002/2439 |
| Section 120(2) | 1 August 2003 | 2003/1667 |
| Section 121 | 1 October 2002 | 2002/2439 |
| Section 122 to 129 | 1 August 2003 | 2003/1667 |
| Section 130 (partially) | 1 October 2002 | 2002/2439 |
| (fully) | 1 August 2003 | 2003/1667 |
| Section 131 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 132 and 133 | 19 December 2002 | 2002/3185 (W.301) |
| Section 134 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 135 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 136 to 140 | 1 September 2003 | 2003/1718 (W.185) |
| Section 141 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 142 to 144 | 31 March 2003 | 2002/3185 (W.301) |
| Section 145 | 19 December 2002 | 2002/3185 (W.301) |
| Section 146 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| Section 148 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 149 | 31 March 2003 | 2002/3185 (W.301) |
| Section 150 | 31 March 2003 | 2002/3185 (W.301) |
| Section 151(2) | 19 December 2002 | 2002/3185 (W.301) |
| Section 152 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 154 | 31 March 2004 | 2004/912 (W.95) |
| Section 155 | 1 September 2004 | 2004/1728 (W.172) |
| Section 156 | 31 March 2004 | 2004/912 (W.95) |
| Sections 157 to 174 | 1 January 2004 | 2003/2961 (W.278) |
| Section 176 | 1 September 2004 | 2004/1728 (W.172) |
| Section 177 | 1 August 2004 | 2004/912 (W.95) |
| Section 178(1) and (4) | 1 August 2003 | 2003/1718 (W.185) |
| Section 179 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 180 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 181 to 185 | 1 September 2003 | 2003/1718 (W. 185) |
| Section 188 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 1 December 2003 | 2003/2961 (W.278) |
| Section 189 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Sections 191 to 194 | 19 December 2002 | 2002/3185 (W.301) |
| Section 195 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (fully) | 1 September 2003 | 2002/3185 (W.301) |
| Section 196 | 19 December 2002 | 2002/3185 (W.301) |
| Section 197 | 1 September 2003 | 2003/1718 (W.185) |
| Section 198 | 31 March 2004 | 2004/912 (W.95) |
| Section 199 | 1 September2003 | 2003/1718 (W.185) |
| Section 200 | 31 March 2003 | 2002/3185 (W.301) |
| Section 201 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| Sections 202 and 203 | 1 September 2003 | 2003/1718 (W.185) |
| Section 206 | 1 September 2003 | 2003/1718 (W.185) |
| Section 207 and 208 | 9 January 2004 | 2003/2961 (W.278) |
| Section 215 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1718 (W.185) and 2003/1667 |
| (partially) | 1 September 2003 | 2002/3185 (W.301) and 2003/1718 (W.185) |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/912 (W.95) and 2004/1728 (W.172) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
| (partially) | 31 May 2005 | 2005/1395 (W.109) |
| (partially) | 31 October 2005 | 2005/2910 (W.207) |
| Schedule 1, paragraph 3 (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 1 (fully) | 31 October 2005 | 2005/2910 (W.207) |
| Schedule 3, paragraphs 1 to 5 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 4, paragraphs 1 and 4 | 9 January 2004 | 2003/2961 (W.278) |
| Paragraphs 2, 3(1), (2), (3), (4), (5), (7), (8), 8, 9, 10, 11 | 31 May 2005 | 2005/1395 (W.109) |
| Paragraph 12(1), (3) to (5) | 31 March 2004 | 2004/912 (W.95) |
| Schedule 5 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 9 | 1 August 2004 | 2004/1728 (W.172) |
| Schedule 10, paragraphs 1, 6, 11 and 15 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 11 | 1 October 2002 | 2002/2439 |
| Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, | 19 December 2002 | 2002/3185 (W.301) |
| Paragraph 12(1) and (2) | 31 March 2003 | 2002/3185 (W.301) |
| Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3) and 8 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 14, paragraphs 1 to 7 | 1 September 2004 | 2004/1728 (W.172) |
| Schedule 16, paragraphs 1 to 3 | 1 December 2003 | 2003/2961 (W.278) |
| Paragraphs 4 to 9 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 17, paragraphs 5(1) to (4), (6) and 6 to 8 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 18, paragraphs 1, 4, 5 and 7, | 31 March 2003 | 2002/3185 (W.301) |
| Paragraph 8 (partially), | 31 March 2003 | 2002/3185 (W.301) |
| Paragraphs 13 to 15, | 31 March 2003 | 2002/3185 (W.301) |
| Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 18 | 1 September 2003 | 2002/3185 (W.301) |
| Schedule 19 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 20 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 21 (partially) | 1 October 2002 | 2002/2439 |
| (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1667 |
| (partially) | 1 September 2003 | 2003/1718 (W.185) |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/1728 (W.172) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
| (partially) | 31 May 2005 | 2005/1395 (W.109) |
| (partially) | 31 October 2005 | 2005/2910 (W.207) |
| Schedule 22 (partially) | 1 October 2002 | 2002/2439 |
| (partially) | 9 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1718 (W.185) |
| (partially) | 1 September 2003 | 2002/3185 (W.301), 2003/1718 and 2003/1667 (W.185) |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/912 (W.95) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
| (partially) | 31 May 2005 | 2005/1395 (W.109) |
| (partially) | 31 October 2005 | 2005/2910 (W.207) |
Various provisions of the Education Act 2002 have been brought into force in relation to England by the following Statutory Instruments: S.I. 2002/2002 (as amended by S.I. 2002/2018), S.I. 2002/2439 (as amended by S.I. 2003/606 (revoked) and 2003/2992), S.I. 2002/2952, S.I. 2003/124, S.I. 2003/1115, S.I. 2003/1667, S.I. 2003/2071 and S.I. 2004/1318.
Notes:
[1] 2002 c.32.back
ISBN 0 11 091303 5